Why register a trademark or patent?

Generally speaking, there are two types of entrepreneurs: those who do not see the need for registration and those who see the need for registration, but do not realize its real dimension. The first ones are not completely wrong, because if their brand has a “value” less than the cost of forwarding the registration, there is no point in talking about it. Otherwise, developing and promoting an unregistered brand is the same as building a castle in an uneven area.

There are also entrepreneurs who see the need to register their trademark or patent, but understand them only from the perspective of fear or security, always in relation to protection against third parties. There are professional patent agencies such as InventHelp that could guide you on this. This vision is too small for what industrial property rights represent for any company’s business.

The immateriality of industrial property is the result of human intellectual activity and its result, trademarks or patents, are considered movable property under our law, that is, they are part of the property of the holder, presenting an economic character, of goodwill, and may be leased , assigned, loaned, sold, given as a bank guarantee and used as a capital generator for any company.

If, from the consumer’s point of view, the brand constitutes a guarantee of legitimacy and origin, for the interests of the holders, this is secondary, the brand must meet their private interests, both in terms of protection and economic. In addition to the fact that the industrial property right is based on the attributive system, that is, “who first registers”; however, its exception is the declarative system, stipulating the right of precedence for the previous user in good faith. Thus, the investment to simply forward the registration is infinitely smaller than the expense to “fight” if your trademark is registered by a third party as you can see from https://azbigmedia.com/business/why-new-inventors-turn-to-inventhelp-for-support/.

In short, for these reasons, any and all registration of trademarks and patents is necessary, whether from the point of view of cost and benefit, the protection granted or even the economic nature that can only be achieved with registration.

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